DENNEKAMP V. EUROPEAN PARLIAMENT, 23.11.2011 (“DENNEKAMPI”)

Balancing fundamental rights: Regulation 1049/2001 (access to documents) and Regulation 45/2001 (data protection) do not contain any provisions granting one primacy over the other, therefore full application of both should, in principle, be ensured. (¶¶ 23-24)

Secondly, it follows from the case-law that, when examining the relationship between Regulation No 1049/2001 and Regulation No 45/2001 for the purposes of applying the exception provided for under Article 4(1)(b) of Regulation No 1049/2001 – namely, the protection of privacy and the integrity of the individual – it must be borne in mind that those regulations have different objectives. Regulation No 1049/2001 is designed to ensure the greatest possible transparency of the decision-making process of the public authorities and the information on which they base their decisions. It is thus designed to facilitate as far as possible the exercise of the right of access to documents and to promote good administrative practices. Regulation No 45/2001 is designed to ensure the protection of the freedoms and fundamental rights of individuals, particularly their private life, in the handling of personal data (Commission v Bavarian Lager, paragraph 13 above, paragraph 49).

As Regulation No 1049/2001 and Regulation No 45/2001 do not contain any provisions granting one primacy over the other, the full application of both regulations should, in principle, be ensured (Commission v Bavarian Lager, paragraph 13 above, paragraph 56).